Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 Hi, is recently started the ball rolling in regards to taking my child to live in Australia. I have visited now on three separate occasions and have been planning the move now for 7 years. During this time I met someone and we had a son, the father was willing to come to australia with me and my family but we Grew apart and split up before we had the opportunity to go. I have recently completed a course and have the experience and qualifications to go over. I have a sponsor and a place to live, a school and paediatrician/dentis, A local athletics club and have taken my small one to see the area (which he loved and exexpressed a wish to live there on several occasion) my parents are also moving out to Aus and have been planning there move for 14 years, they have continually seen my son now every week and had him overnight each week also. He has a great relationship with my parents and I feel that this should really be stressed because they have really supported us since the split three years ago. There is no bitterness between myself and the other parent and we talk regularly and little one has a seamless transition between us. I wanted to know if anyone was in or has been in a similar situation and can tell me What to expect. I know I could give my son a great life in Australia surrounded by family and give him a much better start out there but I also am really worried about how this will play out in court. His dad has been by no means perfect and on paper has not been the best either but I want to stress that I will be pushing to keep this relationship going and contributing to his father flying out to see him once a year and coming back to the uk whenever possible. Sorry for the big One. X Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted February 15, 2015 Share Posted February 15, 2015 Hi, the biggest issues you have are do you qualify for a visa, do your parents qualify for a visa and will the child's father allow him to move to Australia. If so you will need to get written consent from him. Good luck! Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 I do, they do and he won't I am 23 and qualify for a working visa, my parents are migrating independently. Father will not sign and so we are on our way to mediation and court. Looking good for people in similar circumstances Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 *looking for people in similar circumstances Link to comment Share on other sites More sharing options...
Quoll Posted February 15, 2015 Share Posted February 15, 2015 When you say a working visa what do you mean? A temporary visa? A working holiday visa (you can't use that one because you have a dependent). Who knows what the court will say. If you were trying to remove a child from Australia the courts would not allow you to leave but the UK courts seem more lenient. If you're only off on a temporary visa though he may have more reason to argue your child needs stability. Link to comment Share on other sites More sharing options...
scattley Posted February 15, 2015 Share Posted February 15, 2015 I do, they do and he won't I am 23 and qualify for a working visa, my parents are migrating independently. Father will not sign and so we are on our way to mediation and court. Looking good for people in similar circumstances You cannot take your child with you on a WHV. You can only take children on 457 and permanent visas. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 I have a sponsor lined up to sponsor me upon entering the country. I have to have permission before I can get my visa. I have already seen immigration whilst in aus recently and there is a way to bring your dependant with you while you are on a working visa. Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted February 15, 2015 Share Posted February 15, 2015 I don't mean to put a downer on this, but is your plan realistic? One first hurdle is seeing if the father will agree, as you say he won't do you know how long and how much money the process through court would be? As an employer sponsored visa is temporary you will have to fork out for much more than if you were on a perm visa so you will have that to factor into your budget, and how do your parents plan to move if they do t have a visa? Is it that they can qualify but not applied yet? Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 Yes they qualify but are currently selling their estate and getting ready for the big move. We plan to move on the 31st December 2015 and this gives us 4 weeks to settle in before I start work and my son starts school (all being well) my son will start at a private school at the beginning of the school year with the rest of the year 2's. I think that 10 months is realistic (we've already been in motion for the last 3 weeks) we have a house, job, school, gp and dentist lined up and we are looking into vacancies at local athletics clubs for extra curricular activities. We will have the majority of our family with us over there since a lot already have their citizenship. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 Has anybody else gone through anything similar with their child and ex partner? Link to comment Share on other sites More sharing options...
Parley Posted February 15, 2015 Share Posted February 15, 2015 Out of curiosity, how would you react if your child's father announced he wanted to emigrate to USA and take your child with him ? Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 I would say that was an unfair scenario comparison , child's father is not the PWC and never has been. Contact is sporadic and can be gaps of anything from 3-8 weeks between visits. There is not enough of a relationship there for him to become the PWC. Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted February 15, 2015 Share Posted February 15, 2015 That all sounds fab but what if your partner and the courts don't agree? I think it can be a lengthy process if going through courts..somebody said a year and onwards and expensive..I'm sure you will know all this..it's a bit risky your parents selling up if you can't take your child..would they go without you?? I think you may be underestimating how challenging it may be to get permission from the courts to take your child to oz?! Some threads if go search Hague convention.. http://www.pomsinoz.com/forum/moving-back-uk/227574-hague-convention-457-visa.html http://www.pomsinoz.com/forum/news-chat-dilemmas/47091-children-what-happens-if-you-your-partner-decide-go-home.html Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 Ex partner* if he doesn't agree solicitor estimates between 4-6 months in court and between £3-5k and of course no guarantee of a yes. I wouldnt go without permission, that is completely out of the question. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 However, she did say that well planned and researched applications are usually successful in circumstances like mine. This is why I seek others in similar situations. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 15, 2015 Share Posted February 15, 2015 I should note that I feel she would not have taken the case on had she thought she may lose. Surely this would affect her status as a reputable solicitor? Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted February 15, 2015 Share Posted February 15, 2015 http://www.pomsinoz.com/forum/migration-issues/187813-anyone-got-457-single-parent.html http://www.pomsinoz.com/forum/migration-issues/208393-parental-responsibilities.html trying to find threads to help Link to comment Share on other sites More sharing options...
ali Posted February 15, 2015 Share Posted February 15, 2015 out of interest - what visa do your parents have? Link to comment Share on other sites More sharing options...
jac2011 Posted February 15, 2015 Share Posted February 15, 2015 As a mother who has been through this process, can I just point some flaw's... You say that your employer wont sponsor you till you get permission and go to Australia yet the courts will look down upon your situation if you are applying without a visa. For the record my solicitor stated £6k upwards and 18 months upwards for the timeline. You seem to be ten steps ahead of yourself and not really sure where you are going. For starters you are applying for a temporary visa. Children need stability. What is your occupation? Is it on the SOL? What are you going to do when your temporary visa runs out? What would happen if you lose your job and have to return? Has the company every sponsored before (seen as most people on this forum are struggling to find sponsors these days)? Have you really researched all this as much as you think? Do you know UK courts are now changing their perspective on allowing mothers permission to up and leave as much as they used to allow it? Having schools, doctors etc in place is the least of your worries. Have you got evidence for your income, have you evidence of how you will buy your own home? Number one, have you even asked your ex partner before going down this route? I take it you have made allowances for him to have more regular contact than once a year if he chooses? Link to comment Share on other sites More sharing options...
Parley Posted February 15, 2015 Share Posted February 15, 2015 Yes it does sound a bit floored. and maybe flawed as well. Link to comment Share on other sites More sharing options...
jac2011 Posted February 15, 2015 Share Posted February 15, 2015 Yes, I really shouldn't post with one eye open whilst struggling to sleep... 13 hour shift to get up for :-( Link to comment Share on other sites More sharing options...
rosiew Posted February 16, 2015 Share Posted February 16, 2015 I should note that I feel she would not have taken the case on had she thought she may lose. Surely this would affect her status as a reputable solicitor? Everyone is entitled to seek legal help - good case or bad. Do not assume that because the solicitor will take the case on that she thinks you will win. If you want to know if she thinks you will win, you need to ask her for her considered advice on your prospects of success. If she can't give you that based on recent decisions in the area and your own personal circumstances then you need to consult someone with more experience in these cases - and by that I mean taking children to Australia rather than closer and more accessible places. Link to comment Share on other sites More sharing options...
rammygirl Posted February 16, 2015 Share Posted February 16, 2015 I agree first things first we are not yet sure exactly what visa the OP or her parents are considering or at what stage of the process they are at. To to the OP we can help better if you give more precise information, not being mosey just that we are all guessing at the moment. Yes you will need to get permission from the father but no point going down that road until you are confident that all other criteria for a visa are met. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 16, 2015 Share Posted February 16, 2015 I need permission from child's father to obtain visa (or this is what I was told by immigration) yes the company has sponsored before, they are currently sponsoring another family member who has been in aus on temporary visas for 7 years. We won't buy our own home to begin, we are staying with family for the first year. I have a job offer and evidence of income once we get into the country. I have asked, we've spoken a few times about it and this last time he became aggressive. I have put in my proposal that I will fund 50% of his flights (once a year) and if me, my parents or someone else in my family is coming back to the uk to visit, they will bring small one with them for a visit. As well as ensure regular weekly contact via phone and Skype as part of small ones routine. If he chooses he can visit as much as he likes and he is welcome to stay with us and family in the spare room or go to a hotel, whichever he wants. Link to comment Share on other sites More sharing options...
Quoll Posted February 16, 2015 Share Posted February 16, 2015 I think you would have less chance on a temporary visa - he could argue that the child needs stability which is a valid point especially as you wouldn't be entitled to much on a temp visa and might have to pay for school fees depending on the state. Medical cover isn't as extensive on a temp visa either as elective procedures aren't covered. Link to comment Share on other sites More sharing options...
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